a cape, that he had to shorten to keep his superhero aerodynamic. >> it sounds really cool when you fly by. >> plus it's removal. >> auto and partner gary graph plan to launch a business in a few months, selling slightly smaller remote controlled figures for under $500 each. buyers would seassemble and customize their superheroes. >> what i really like to show off are her stilleto heels. >> she's very shapely actually. >> like the old craft used to have nose art. >> modeled after pin-up girls. you mean her breasts are actually landing gear? >> yes. silicone implants so she would roll along the ground and do graceful landings. >> while the males have to

resort to sort of sticking their landings, she's shapelier than a speeding bullet. jeanne moos, cnn. >> hey, get your hands off her, gary. >> is my wife going to see this? >> new york. good morning, everyone. i'm randi kaye. >> i'm victor blackwell. it's 8:00 on the east coast. 5:00 out west. it's good of you to start your day with us. >> we start with the next domino for the obama administration. sources tell cnn that president obama is likely to nominate chuck hagel as deference secretary next week. hagel is a former republican senator from nebraska who retired in 2009. republican critics have noted that hagel has opposed sanctions against iran and the surge of troops in iraq under the bush administration. he would replace secretary leon

panetta. lance armstrong's fall from grace continues. "new york times" reports that he's contemplating publicly admitting that he did dope. sources tell the paper he's considering an admission because he wants to persuade anti-doping officials to get back into cycling. armstro armstrong's attorney tells cnn that his client is not in talks with the u.s. or world doping agencies. throughout the years, armstrong has repeatedly and strongly denied that he used banned performance- performance-enhancing drugs. it's a new year and have some new -- i have some new numbers to share with you now. december's unemployment rate first at 7.8%. another number, 155,000, that's the number of jobs added in december, adding up to more than 1.8 million jobs created last year. the coastline of alaska has had a rude awake -- wake-up call

this morning in the form of a 7.5 magnitude earthquake that hit off the southern coast of alaska around 4:00 am eastern. officials sent out tsunami warnings shortly after the quake but they have been canceled. there has been no report of damage. in steubenville, ohio, two high school football players are accused of raping a 16-year-old girl during a night of partying back in august. we are now learning exclusive new information about that night, including a text message that may have been sent by the alleged victim, according to an attorney for one of the accused. susan candiotti is in steubenville for us this morning. good morning. i know you're the one who spoke to this attorney and got the information about the text message. what can you tell us about it? >> randi, this is coming, again, from a lawyer for one of the alleged rapists, a juvenile, 16-year-old trenton mayes. his lawyer claims that his client received a text from the alleged victim, a 16-year-old

girl in this case sent him a text message that read i know you didn't rape me. now he will not show us that text. and we also do not know whether other texts were sent earlier, later or -- this is the only one we would talk about. we're looking at this in a vacuum right now. however, of course, we immediately talked to the attorney for the alleged victim in this case to try to find out some answers. he said that he would not confirm this text, but he did point out that the evidence so far during preliminary hearings in this case, one including back in october, a probable cause hearing in which there was testimony that the young lady told police that she didn't remember anything about that night. and there was other testimony that she was drunk or unconscious much of the time. so we're trying to put that into

context. you may have seen, as a lot of us did, a photograph from part of that night in which, according to the lawyers, the two defendants in this case were carrying this girl and she is being carried by her arms and legs and people have described her as appearing or appearing to be semi conscious. the lawyer claims, in fact, his client was conscious during that photograph when it was taken, that she was conscious. and he said if, in fact, she was conscious, at some point in the night or during the course of the night, even if she was drunk and if she had any sexual activity with his client that -- and gave consent that it would not be illegal. so a lot of matters to sort out here, randi. >> i guess the question is, if she did, if that text was, indeed, sent -- and it was circulated from what i understand, to the lawyers and prosecutors, it's interesting that charges were brought given

that text and that that will be entered as evidence. >> reporter: well, remember, we don't know what all the evidence is. there is -- authorities won't comment on t in fact, we asked the attorney general's office for a comment on this. he had nothing to say about it. we don't know the big picture. this is one snapshot of it. of course, everyone being reminded let's wait until this case plays out at trial, which is supposed to start next month. now there's another claim by the same lawyer that is saying that the attorney general has sent letters to several potential witnesses in this matter. teenagers who were there that night. that if they testify for the prosecution, a promise that they would not be prosecuted for anything that they might have done that was illegal in this case. and here is what the lawyer said about that. >> the prosecutor's office had given them written verification

that charges would not be filed against them if they agreed to testify. >> reporter: what are you saying? >> well, i'm saying it very clearly. i think the inference clearly is that they will not be charged with a crime if they cooperate and if they testify regarding what they saw and whether or not it's truth fful, does that contn the process? that is my concern. >> reporter: i spoke for a spokes penn for the attorney general and, in fact, the attorney general himself the other day and he denied that any deals have been made with any witnesses in this case. we'll have to see how this plays out as well. >> susan candiotti, certainly sounds like a lot more people will get involved with this one. thank you very much. we'll talk to senior legal contributor paul callan and explore this just ahead. more americans disapprove of

the fiscal cliff deal than approve. 43% approve, 45% disapprove and 12% had no opinion. more than 67% of democrats gave their nod to the bill to tax the wealthiest at higher rates but more than 60% of republicans disliked the deal. of all the political leaders involved in the fiscal cliff showdown, house speaker john boehner ended up with the worst approval ratings, but not by much. now to syria, where rebels are close to taking control of a government air base in northern syria. at least 129 people died in fighting in syria friday. according to the opposition, with bloodshed increasing in the suburbs around the capital of damascus, the united nations now puts the toll from almost two years of fighting at more than 60,000. meanwhile, u.s. troops have arrived in turkey to man patriot missile defense stations near the syria border.

nick walsh has the latest. >> reporter: turkish media reporting nearly 30 u.s. military personnel flew into the southern city, staying in a hotel there before they conducted site surveillance as to where these two patriot missile batteries were to go. embassy officials confirming friday, yes, the process have begun of u.s. personnel and equipment flying into the southern military base. this, of course, is part of the u.s. contribution to nato's response of turkey asking for extra defensive help along that very volatile border with syria. holland and germany also expected to both contribute to patriot missile batteries and hundreds of troops to support that particular deployment. what this does is put the world's largest military machine, nato, right on the doorstep of this very brittle and brutal 21-month-long civil war. syrian regime shells landing

inside turkey, prompting turkey's request to nato. that tension has died down. what has changed is the escalation in the conflict. rebels in the north pressing down hard on friday on a helicopter base, which they're trying to take to stop the regime's ability to project air power across the north. as the assad regime gets more desperate, many are concerned they'll reach into their arsenal, perhaps as the more deadly weapons inside, chemical weapons, which they deny having, scud-type missiles have already been used. purely to defend turkey, nato says. at the end of the day, as some say, they have skin in the game. perhaps were a shell to go astray, that may cause some ramifications for nato's patriot deployment there. all eyes watching this and certainly nato making the key point this is purely defensive. now certainly psychologically on what's happening in that border area. nick paton walsh, cnn, istanbul.

much more ahead this hour. >> here's what's coming up. criminal evidence destroyed. why justice is in jeopardy in new york. all thanks to superstorm sandy. partisan, unpopular, ineffective. just some of the words used to describe congress. all morning long we'll go in focus on whether the house of representatives is more like a house of cards. what lawmaker is introducing controversial sex election legislation along with three other bills next week? we'll talk with him. [ woman ] ring. ring. progresso. your soups are so awesomely delicious my husband and i can't stop eating 'em! what's...that... on your head? can curlers! tomato basil, potato with bacon... we've got a lot of empty cans. [ male announcer ] progresso. you gotta taste this soup.

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john boehner re-elected

speaker of the house, which is amazing any republican getting re-elected. in their defense congress says, hey, we don't do anything for anybody. we're congress. we don't do anything. >> welcome freshmen, 113th congress has been sworn in. there's a lot to get done inside a very fragile house. that's our focus today. an uphill battle for a house that's been called unproductive, unpopular and uncooperative. one of the newest members, congressman chris stewart, republican from utah. congressman, it's good to have you with us this morning. >> good morning. it's good to be with you. >> orc poll asked voters in whom they had more confidence, president obama or congress. the president at 49%, congress 31%. as a freshman member of the gop in the house, what are your plans to help change that perception and get past this gridlock? >> well, it's a great question. it's what american people want. they want us to get past the gridlock. you know, we have to give our

congratulations to the president. he had a great campaign. and the american people responded to that. congress, i think, has a job to do as well. and i represent a lot of people back in my district that want us to go back there and to be an advocate for certain principles and we're going to try and do that. i think we can do that in such a way that maybe we bring other people into the process and work across the aisle as well. our freshman orientation was great. we got to spend some time with someone from the democratic party and make friends and relationships there. i think that's the first thing we have to do. >> would you have voted for the fiscal cliff compromise? >> you know, i was listening to you earlier, saying the american people have determined it's a bad piece of legislation. and i agree with that. i want to be careful in what i say there. i wasn't here for the debate and a lot of the conversations. but the end result was we had a pretty significant tax increase. we had special loopholes for hollywood and big banks and i just don't think that's helpful

to our country right now. >> i'm going to ask for a yes or no on that vote, sir. >> well, i would say absolutely not, i wouldn't have voted for it. >> absolutely not, okay. is there one portion of the concessions that republicans made in this deal that you can support, one thing you could say, all right. on be that, op okay. one compromise? >> oh, yeah, for sure. republicans are very clear in that they are trying everything they can do to keep taxes down on the lower and middle class. >> that's not a compromise. that's clearly what the republican line has been from the start. is it the unemployment insurance? is it the dock fix? is it the rates? give me one thing that you say on that i will compromise. >> actually, i think that is a compromise. compromise, by definition, is something that people agree on. republicans and democrats agreed on that. i think probably the unemployment extension is another pretty good example of where they came together and found some like minds on that as well.

>> and you agree with that compromise? >> yeah, i do. that portion of it. >> so you campaigned heavily on change, right, in utah. >> yeah. >> i want to put this up. it's time we demand that washington show some courage. it's time we demand that our leaders turn back to the fiscal and moral responsibility that enabled the american dream. you're one of those leaders now and you're going to have to make a vote or come to some decision on the debt ceiling. are you willing to vote to raise the debt ceiling? >> i think ultimately we're going to have to, aren't we? i don't think there's a single person in congress or in washington that recognizes that, you know, some time in the next short while, we're going to hit that limit. and at that point, we have to -- we have a financial obligation to, you know, millions of people and to programs throughout our government. the question is, what are we going to do to fix the problem? like you started out with your quote there, we want to come back and fix something, do

something meaningful here. i tell you what. the problem is that we just continue to kick the can down the road and it doesn't help anyone. we talked about saving our childr children, our country for our children or grandchildren. i don't think we have that long when it comes to our debt. we can't -- this isn't a generational problem. this is a problem we've got to take care of right now. >> and you're talking policy, which is a good thing to talk about. of course, we know in washington politics and imagery plays a big role. i want to start with what the president said about negotiating on the debt ceiling. let's listen to what he said. >> while i will negotiate over many things, i will not have another debate with this congress over whether or not they should pay the bills that they've already racked up through the laws that they passed. >> here is a response from senate minority leader mitch mcconnell. he says the president may not want to have a fight about government spending over the next few months, but it is the fight he is going to have, because it's a debate the country needs.

this sounds like what we saw in the 112th, same old rhetoric leading up to this new cliff. do you think that there's a very conceivable threat that the government could default on its loans? you say that the ceiling needs to be raised. senator jon cornyn says it may be necessary to shut down the government. what's your view on that? >> look, whether we go through a process of actually reaching the point where the government is shut down, we may or may not do that. i don't know. i don't think anyone knows. ultimately, we know that whether we go through that process and then pick up the pieces from that, of course, we are still going to have to increase the debt ceiling lichlt at some point. i have to tell you, i think it's completely inappropriate for the president to take this position that he refuses to engage in this. that's the problem that we've had with this administration, is that they haven't shown leadership on so many of these issues. they've been so willing to put it down into the house or into the senate. and the president is the

president. he needs to lead on these things. and i think it's terribly unhelpful for him to take the position that he's above this when we need him to engage in this. we need him to show leadership on this. >> congressman chris stewart of utah. thank you, sir, for your time today. >> thank you so much. coming up in our next hour, political analysts look at what this congress needs to do to win public support again. hugo chavez's inauguration is in jeopardy due to his health problems. will it end his presidency? plus this -- >> from where we boarded the bus, they took us around for two, two and a half hours. the brutal rape of a medical student in india sparks outrage. we'll hear more from one of the victim's friends who was with her during that awful attack. ngn surprises him. morning starts in high spirits, but there's a growing pain in his lower back. as lines grow longer, his pain continues to linger. but after a long day of helping others, he gets some helpful advice.

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in venezuela, officials say president huga chavez has a severe lung infection and is, quote, fighting for his life right now. vice president nicholas medora says he will always be able to take the oath at another time.

the brutal gang rape in new delhi has led to widespread protests and it's also forcing changes as to how the country handles assaults and treatment of women. indian women fighting back, beating a local politician, ripping off his shirt. he was staying in a village in northern india when he allegedly raped a local woman in the middle of the night. the politician's vehicle is not spared either, dobbed with the word gunda, meaning goon. the woman a middle-aged mother of two. the accused now under arrest, and soon to be charged, according to police. his party leaders disowning him. >> translator: we condemn such incidents. if he is found guilty the law will take its own course. >> reporter: such stories normally would have gone unnoticed, especially in rural india where rape is commonplace and stigma surrounding sexual assault dissuades victims from

reporting rape cases. but now what was taboo in india is now on the front pages and leading tv news and the evidence is shocking. a 19-year-old girl set herself on fire after being harassed by a neighbor for years. she died in hospital friday. a woman jumped off a moving train after two soldiers allegedly tried to molest her. indian law is vague on sex crimes but charges such as outraging or insulting the modesty of women. now there are demands of complete overhaul for the framework. the brutal gang rape of a medical student in new delhi last month. stirring unprecedented public outrage. >> best tribute to her memory is how each one of us here can work to make sure that this never happens again. the entire country is watching us with great expectations. we cannot fail their hopes.

i think we need to set the agenda here with two words. zero tolerance. >> reporter: the minister has called for more police officers, help line has been set up and a public website with details of all convicted rapists. the big question now, whether all the promises made will become reality in helping the women feel more secure. we are now hearing new details about the rape of that medical student. her male friend, also attacked, is speaking out for the very first time about this attack. here is what he told reuters. >> translator: from where we boarded the bus, they took us around for two, two and a half hours across overpasses through all of delhi. then they dropped us below an overpass. then they tried to run over us. we had no clothes. we waited there, hoping someone would help us. i tried to flag down vehicles. taxis would slow down, take a

lock at us and move on. we got no help for nearly 20 or 25 minutes. >> five men have been charged with murder, rape and kidnapping in this case. they are scheduled to appear in court on monday. we'll be right back. yes! one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. live the regular life. phillips'.

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bottom of the hour now. welcome back, everyone. i'm randi kaye. >> i'm victor blackwell. thank you for starting your day with us. i'm feeling a little -- >> sniffling a little bit. >> the whiff is coming down, that's what i call a cold. president obama is expected to nominate senator chuck hagel as secretary of defense next week. the president has called hagel a patriot, who is doing an outstanding job as a member of the white house intelligence advisory board. critics have noted that hagel has opposed the surge of troops in iraq in the bush administration. lance armstrong is back in the news. "new york times" reports he is contemplating publicly admitting that he doped. sources tell the paper he is considering an admission because he wants to persuade anti-doping officials to allow him to get back into professional cycling.

the time -- but armstrong's attorney tells cnn that he his client is not in talks with anti-doping agencies. and his client has denied using performance-enhancing drugs. no passengers were on board at the time. the plane was scheduled to fly from minneapolis to new york. the pilot failed a breathalyzer test. the alcohol limit for flying is.04%, half the legal limit for most drivers. he is now off the job during this investigation. stocks start in 2013 with a bang after finishing strong in 2012. the dow ended the week on a positive side up 3.8%, while the nasdaq added 4.8 points and the s&p finished at its liest level climbing 4.6%.

the state of north carolina "choose life" on its license plates. reports say the money from selling the plates would support some crisis pregnancy centers and choose life campaign argues that 29 other states already have similar plates. more now on the disturbing story of two high school football players accused of raping a 16-year-old girl at a party in steubenville, ohio. what makes this case stand out is the explosion of chatter on social media, photos, even an online video showing some teens joking and laughing about the incident. watch this. >> what if that was your daughter? >> but it isn't. >> what if it was? >> if that was my daughter, i wouldn't care. i'd just let her be dead. >> listen to yourself. >> i'm listening to myself fine. >> in ten years -- >> ten years. my daughter's going to be raped

and dead. >> that is so disturbing, especially that video on top of it. the attorney general investigating this case says this video is unfortunate and insensitive but it's not a crime to be, quote, stupid. however, two high school teens are charged with rape and they're scheduled for trial next month as you know. there's apparently, though, a lack of physical evidence. it tends to hinge largely on the social images, cell phone grabs and videos like the one you saw. how damaging could video like this and other social media be to the defense? >> it could be extremely damaging to the defense. you know, the whole landscape has been changed by the cell phones and ability of video in cell phones. a crime like this in the past -- this is -- we only know that there are allegations that the girl was drunk, maybe unconscious when people -- these two boys or maybe others were involved in sexual activity with

her. normally, they may never have known about this. she may never have known who engaged in the sexual activity. now we have video of it because we have the availability of this technology. so the answer is, yes, this crime can be proven through that technology in a way that never could have happened before. people got away with this in the past. they're not going to get away with it in the future. >> cnn spoke exclusively, paul, with one of the defense attorneys who says his client, trenton mays received a text message from the alleged victim that said i know you didn't rape me. we haven't seen the text. nor do we know what else she texted. could that affect the case and if so, how so? >> it could ask the case. this will be proven or disproven with social media. if she sends him a text message saying i know you did not rape me, a jury will look at that at some point in time and says does that help disprove the prosecution's case? it would sound like strong

evidence. we would have to see the tape with the text. you know something, randi? a lot more is coming out the more we hear about this story. how many phones were there? how many drunken high school kids were close by and in a position to observe? we're going to find out a lot more about this story as the weeks go on. >> i do want to mention this internet hacker group called anonymous. they were the ones who posted the picture showing a girl whose face is blurred being carried by her hands and feet by the two males. now the defense attorney for one of the accused confirms to cnn that his client is in the photo but says the image is taken out of context. certainly we can't tell from the photo whether the girl is conscious or not. her loyal told cnn that she was somewhat conscious. what could the defense attorney mean by, quote, taken out of context? does this photo help or hurt that defense team? >> the defense attorney is ovl saying just because two boys are moving an apparently drunken girl doesn't mean anybody

engaged in sexual activity with the girl. his context, of course, will be very different from the context that prosecutors talk about. but i think, you know, the thing, randi, that interests me in this context argument is that these kids watching sexual activity like this and maybe a rape go on normally would not be guilty of any crime. people are shocked to know a group of boys can stand around and watch a crime. it is not a crime to do that. however, if they recorded the crime on their cell phones and they deleted what they recorded, they could be guilty of obstruction of justice and be drawn into this conspiracy and crime in a way that never was possible in the past before social media and this kind of technology. >> so even if they weren't participating, you're saying? >> yes. >> if they were there and they recorded it? >> yes. they'll be involved in the cover-up of the crime by destroying evidence. so, technology really is going to increase the liability of these kids.

and, you know, watching drunken high school football players talk about an incident like this is very, very disturbing. usually, we don't get to see it, fortunately. with this new media, we do. >> yeah. >> it's going to wind up in courtrooms and people are going to be prosecuted. >> that certainly was disturbing, that whole story. paul callan, nice to see you, though. thank you very much. >> always nice being with you, randi. one lawmaker is busy with a number of new bills aimed at limiting abortions and contraception. we'll talk with him next to see what's driving his focus. why the fallout from superstorm sandy may extend into numerous court cases. i think your friends will understand. oh no, it's actually my geico app...see? ...i just uh paid my bill. did you really? from the plane? yeah, i can manage my policy, get roadside assistance, pretty much access geico 24/7. sounds a little too good to be true sir. i'll believe that when pigs fly. ok, did she seriously just say that? geico. just click away with our free mobile app.

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welcome back. state lawmaker in virginia is proposing a bill next week to outlaw gender-selective abortions. any doctor who knowingly performs such an abortion could face a felony and maximum ten years in prison. you may not believe it's even an issue, but it does occasionally happen. even abortion rights activists say they don't support gender-selective abortions. the lawmaker sbrousing the bill is republican bob marshall, already introducing four bills that would limit abortion rights and insurance coverage for reproductive services.

>> it really puts doctors in a very precarious situation. they have to be mind readers. they're essentially becoming agents of the state. and it really violates the doctor/patient relationship. this bill is chipping away at a woman's right to choose. it's intimidating doctors. >> joining me now by phone is virginia state delegate bob marshall. some critics are concerned who will make the call on what is a gender-selective abortion. what do you say to that? >> all criminal laws require proof that has to meet the standards of courts. nothing has changed there. there is clearly information from the united states census since 2000 that gender-selection abortions are taking place in the united states. there are medical journal articles to this effect. so, the fact is, it is here. the second question is a policy question. do we think life is so cheap in

the united states that you can kill somebody before birth, have an abortion really on grounds of sex? this is the feminist thing coming home to roost. it's mostly girl babies who are being killed. >> but some say, though, that your newest bill could actually encourage doctors, as we heard there, to profile asian-american patients who are seeking abortion. that is common in that culture. is that a concern for you at all? do you think about who this might affect? >> no. look, first of all, the local prosecutor is going to have to get information. he can't compel people to testify against himself. if enough information piles up, a case could be presented to a grand jury. none of the rules of evidence change here. what's going on is a deflection from the utter contempt for life that we have now descended into when you can kill a girl baby

because she's a girl. this does not register with my thinking. >> i understand what you're saying. but in your bill it is the doctor, not the woman, who would be charged with a class four felony, carrying a maximum of ten years in jail. does this intimidate doctors who fear they may be performing this type of abortion? >> you would have to ask the doctors. class 4 felony since about 1859 through even after roe versus wade. that is not new. >> you don't think you're intimidating doctors at all through your bill? >> i am trying to uphold a standard to respect life for young girl babies, period. if doctors want to violate this or tiptoe to the cliff and do it, that's their prerogative. that's a very foolish thing to do, i think. >> another one of your bills would outlaw insurance companies from covering sterilization procedures. >> no. no, no. not really. it says if there's a company --

let me back up here a second. my legislation is in response to a mandate that was devised by a private committee, meeting in secret, not subject to federal laws or conflict of interest laws. proposed a rule by the secretary of health. she then took their recommendations and proposed that as a rule for the operation of so-called preventive services under the obamacare plan. congress never directly voted on this. in fact, 1965 to 2010, at least 21 bills i know of were introduced to require insurance companies, when you go across state lines, to provide for abortion pills or birth control, whatever, none of them ever passed even when the democrats were in charge. this was a fill in the blank position by obamacare. now the blank has been filled in. if they want to offer these week after abortion pills, they can

do it. for people for whom that's a problem just offer the identical policy without that provision. that's all. >> got it. virginia state delegate bob marshall, thank you very much. >> sure, randi. a huge political firestorm, adjourning without voting on a $60 billion aid package for thousands of superstorm sandy victims. both chambers of the new congress have approved a smaller, $9.7 billion measure. the remaining $51 billion will be considered later this month. now there's another problem involving sandy. floodwaters damaged some critical police evidence and now it's impacting some trials. cnn's mary snow has the story for us. >> reporter: this flood-damaged warehouse right on new york harbor, can actually clog the city's overflowing criminal system for years to come. it sits in an area of brooklyn devastated by superstorm sandy. inside it, there are thousands of pieces of police evidence,

ranging from dna to narcotics to guns that right now can't be touched. >> significant flooding has taken place. no question about it. we're still trying to sort through this and, you know, assess the total damage. it's a big job. >> reporter: that was back in november. the police department says it still hasn't been able to get into this facility and a second one because sewage contamination has made them unsafe. trials can't wait. cnn's legal contributor paul callan is a cnn legal contributor. >> if evidence that's been damaged is critical to proving a case. >> reporter: so far there have been six criminal cases where police have said there is evidence but it's not accessible. those cases have not been dismissed. in cases involving dna and narcotics, prosecutors rely on results from tests that are done on smaller samples of the evidence. police say those results are

kept at a different facility that was not compromised by the storm. what about cases where there is, let's say, blood evidence, where the physical evidence is in that warehouse, but the test results are at a different location? >> you would have the issue of is there enough for the defense to fairly test the sample to determine whether it's the defendant's blood or not? it wouldn't necessarily be fatal to a case, but, you know, in criminal cases beyond a reasonable doubt is a very, very high standard of proof. and if you eliminate the physical evidence, you can put a serious dent in the prosecutor's case. >> reporter: the nypd has consulted with its counterparts in new orleans where evidence and records were destroyed following hurricane katrina. the new orleans police department says one key difference is that floodwaters remained at the new orleans courthouse for weeks, where evidence was destroyed. and they had the job of cataloging evidence that could be salvaged. >> it took years. it is not something that can be

easily done. and in new york you're looking at facilities that are much more vast than what we had here in new orleans. so that compounds it even more. >> already there are several trials going on in which physical evidence is not available, as mary reported. new york's police department says it expects to get into evidence warehouses in the coming weeks to assess the extent of the damage. legal aid society is bracing for serious repercussions. he says there are more than 200,000 criminal cases in new york city every year. still ahead, some of the best places to eat in the mile-high city. plus starbucs says it wants to cut down on its carbon footprint. we'll tell you about what's now being offered to customers. wh, quicken loans? ♪ at quicken loans, we won't make you wait for it.

our efficient, online system allows us to get you through your home loan process fast. which means you'll never have to beg for a quick closing. one more way quicken loans is engineered to amaze. bonkers, look at me when i'm talking to you. oh, just diagramming this accident with my state farm pocket agent app. you can also get a quote and pay your premium with this thing. i thought state farm didn't have all those apps? where did you hear that? the internet. and you believed it? yeah. they can't put anything on the internet that isn't true.

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two well-known executives are heading to north korea. google chairman eric schmidt is going to visit the country. >> with former governor bill richardson. so interesting that a guy from google is going because it's so strict about the internet there. >> u.s. has sanctions against them. bill richardson has been there before. there are concerns from the state department, though, and they're sharing those. let's listen. we have sound from the state department? >> apparently not. i'm too busy trying to get my stool in order here.

there we go. they're a little wobbly. i guess they're not so happy about it. it's dangerous and it's a bad time to be there. we had had the rocket launch recently so they don't want them there. another story we've been talking about this morning is the whole case of starbucks. i know you're not into this. >> not at all. >> it's actually good for the environment. they will be selling these $1 reusable mugs. you bring it in, get a ten-cent discount. they wash it for you. >> i guess people who drink coffee keep this cup in their car or at their job or something. i'm just not into this reusable cup thing, keep taking it in. >> if you look at the numbers, though, 4 billion cups worth of waste generated every year. >> that is true. that is true. >> bring your own, wash it yourself at home, i guess. >> that's true. we'll see. they've tried this before, though. >> yeah. >> i don't see many reusable cups. maybe with the incentive of getting ten cents off a $4 cup

of gingerbread latte, it will be a deal. >> at least it's an effort. i'll give them an a for effort. >> yuch got to try. if you couldn't stay up during the week we'll show you some of the best from the late night talk shows. fda is hitting new rules to keep you and the food you eat safer. best way to get a real taste of the place when traveling to new countplaces, is a taste of food. 100 places to eat like a local. here is gym spellman in denver with a sample. >> reporter: it's a damp, chilly morning in denver, colorado. we're going to try to warm up at the denver biscuit company.

just a few years ago, this was really just a bar. people came here to drink at nighttime. and now there's high chairs, kids in here. >> yeah. it was a big question of whether people would come into a drinking place to eat breakfast. and i think that's a testament to our food. >> should we head into the kitchen? >> sure. absolutel absolutely. >> that is a serious pan. >> stainless steel. >> can i check that out? >> yeah, absolutely. >> we must pause for the obligatory twitter fophoto. >> yeah, sure. >> all right. i'm going to start with the franklin, you start with one of those and we'll switch. >> definitely.

>> oh, my god, this is so good. it's ridiculous. the biscuits at the denver biscuit company are seriously amazing. so good we have to take a box of them with us. thanks so much, drew. >> that's what i'm going to do after the show. have a biscuit. >> oh, yeah. >> looks so good. ireporters, here is your chance to help us create a map of the food lovers world. let's go to ireport.com/100 places. here it is. send us a photo of your favorite restaurant and dish and tell us why it's special and how you discovered the place. the definitive list of 100 places to eat like a local will be revealed in march. and some ireporters will be on that list. so be sure to stay tuned to see if you're one of them.

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this is sort of our favorite time of the show. >> yes. >> we get to check out some late night laughs. >> with all the fiscal cliff talks and the new congress, that's what they were talking about. late night comedians talked about the partisanship in washington. >> and members of congress are set to get a pay raise this year. unbelievable. isn't that like tipping the plumber for fixing the toilet he blocked up in the first place? >> john boehner, speaker of the house, republican, told harry reid, go -- >> actual quote. direct quote. >> and, by the way, that's why we can't do the show in louisiana.

[ applause ] i don't know. and then harry reid said i'm sorry, what did you say? and john boehner said you heard me go -- [ sound effect ] if i had a nickel for every time someone said that to me i could pay off the national debt. >> sworn in at the capitol after which they were like, well, that's enough work for the the year. o ooh, that was hard. good morning, everyone. i'm randi kaye. >> and i'm victor blackwell. it's the top of the hour and it's a pleasure to be with you this morning. president obama may be ready to name a new chief at the pentagon. sources tell cnn that the president is likely to nominate republican chuck hagel as defense secretary next week, former senator from nebraska who retired in 2009. the president has called hagel a patriot who is doing an outstanding job as a member of

the white house intelligence advisory board. some critics have blasted hagel over a lack of support for sanctions against iran and for opposing the surge of troops in iraq under the bush administration. >> now to a possible mechlta cu from lance armstrong. "the new york times" is reporting that he is considering an admission of using performance enhancing drugs. his attorney says he is not in talks with anti-doeching agencies. two new rules it says should drastically cut down the cases of food poisoning by as maniacy million cases a year. proposed rules focus on how farms here and abroad process produce and set standards on how food is handled. cdc says one out of six americans gets sick from a food-born illness every year, leading to about 128,000

hospitalizations and about 3,000 deaths. the public has until spring to comment. and this just in. reuters news agency reporting that famed italian designer and his wife were aboard a small plane that has disappeared off the coast of venezuela. the plane went missing friday morning shortly after takeoff. the missonni family has been informed. cnn is working to confirm the details. we'll keep watching that for you. newtown, connecticut, got a special visitor yesterday. former congresswoman gabby giffords. she went with her husband, mark kelly, speaking with local officials about gun control and mental health issues. giffords was shot in the head two years ago this month by a man diagnosed as schizophrenic. she left her position in congress last year to focus on her recovery. president obama has one temporary battle down.

but the problems keep stacking up. now congress is getting warmed up to battle it out over the budget and how to solve the debt ceiling crisis. one congressman think s mintinga $1 trillion coin can save the day. here is brian todd with that. >> reporter: the president says he won't negotiate with congress over lifting the debt ceiling. >> i will not play that game. >> reporter: republicans say -- >> the president may not want to have this debate but it's the one he's going to have because the country needs it. >> reporter: while they debate over the debate, is there a magic bullet to solve the crisis? try a magic coin. some economists, legal scholars and now even a congressman are suggesting a $1 trillion platinum coin could be minted and the government could use that to pay the debt, avoid default and preempt the debt ceiling crisis. gerald nadler of new york says i'm being absolutely serious.

it sounds silly but it's absolutely legal. why do you think it's a good idea right now? >> it's better than government shutdown. it's better than defaulting on the debt. it's better than the bad alternatives. >> reporter: technically, it does appear to be legal. here's how. the u.s. government can print new money but under law there's a limit to how much paper money can be in circulation at any one time. there are also rules that at least limit the denominations that gold, silver and copper coins can be, but there is no limit on platinum coins. the president can issue a platinum coin in any denomination. treasury can mint it and print on it $1 trillion. the president then can order that coin to be deposited at the federal reserve. then says gagnon. >> when the treasury writes checks to pay people, the fed will cash them. >> and that money would never be in public circulation, so some believe it wouldn't cause inflation, but gagnon says it will only temporarily pay mern

america's bills, not bring down its massive debt long term. that's also some conservatives argument over it. >> it's waiving pixie dust over the debt and that the debt will go away with one of these washington gimmicks. it won't deal with the fundamental problem. >> reporter: what if the coin got stolen? remember this from dr. evil? >> if you want it back, you're going to have to pay me $1 million. >> reporter: apparently then the government could just mint another one. by the way, none of this requires congressional consent. we've tried to see if this is something the president would actually consider. the white house hasn't gotten back to us. brian todd, cnn, washington. we've been talking this morning about hugo chavez's health. certainly in failing health right now. how will this all affect the inauguration upcoming?

let's go to washington now. we have survived the fiscal cliff, yes. but are you ready for the capitol hill showdowns that are

coming? we're talking within weeks. let's turn to cnn political editor paul steinhauser for what's ahead in washington. it seems like we're just hopping from cliff to cliff to cliff. which cliff is next? >> victor, if this was a football game, the agreement in the last couple of days to avert the fiscal cliff, that was just the first quarter. take a look at the second, third and fourth quarters. you're right, they're coming up quickly. first, the debt ceiling. that is still out there. we still have to deal with the debt ceiling probably late february, early march. negotiations will start over the debt ceiling almost instantly. but wait, there's more. what about the sequester, those budget cuts? they did a two-month delay. starting march 1st you'll have the same budget cuts and spending cuts you'll have to deal with. wait, there's more. you want more? here is the fourth quarter, funding for the federal government which runs out march 27th. there you go. another fight between democrats and republicans. >> i was hoping we could stop using the word cliff.

it seemed like every seventh word out of my mouth was cliff. what else is in the spotlight? >> a couple of big things on the president's to-do list, i guess you could say, besides these budget issues. first up, gun control. after the tragedy in newtown, connecticut, shootings at the elementary school in sandy hook up there, there's now a new push by the president on gun control. the congress is leading a task force, expected to come out with recommendations on what to do. in the last two days with the new congress, new bills being introduced. expect gun control to be a huge issue right here in congress -- with the white house in the next few months. immigration reform, victor. you heard the president right after his re-election in november at his news conference say he wanted to tackle immigration reform. he tried to tackle it but didn't get very far. maybe this will be different. why? he overwhelmingly won the latino vote. now a lot of republicans are saying it's time to play ball on

immigration reform. victor? >> the presidential election is over. we're a couple of months out from that. there is now more action on the campaign trail. explain this. >> the year after presidential election, there's nothing. it won't be the smorgasbord that we had last year but there are a couple of elections that will keep people very interested. in new jersey, chris christie, the governor up there, tough-talking guy that everybody looks to. he is up for re-election this november. new jersey's gubernatorial election will be interesting for the whole country to enjoy. virginia also has a gubernatorial election the year after a presidential election. and soon-to-be secretary of state john kerry, most likely there will be a special election to fill his senate seat. stay tuned, victor. lot of campaign politics ahead. >> congressman barney frank says he will possibly be a sit-in in that in between time. we'll see if that happens.

paul steinhauser in washington. thank you for that. a quick note for those of you heading out the door, you can continue watching cnn from your mobile device. if you're heading to the local coffee shop, you can also watch cnn live from your laptop. you don't have to leave us behind. just go to cnn.com. health on the venezuelan president hugo chavez. we'll have a live report. with popularity of washington lawmakers so, so low, does the 113th congress have a prayer of winning back the american confidence? our political panel weighs in. but she has some dental issues she's not happy about. so i introduced jill to crest pro-health for life. selected for people over 50. pro-health for life is a toothpaste that defends against tender, inflamed gums, sensitivity and weak enamel. conditions people over 50 experience. crest pro-health for life. so jill can keep living the good life. crest. life opens up when you do.

time to talk politics and the new congress at 15 past the hour. there is hope with nearly 100 new congressmen coming to washington that things will be different this time around. we are focusing on the broken system this morning and the hopes of a fix. joining me as they do every week, maria cardona and amy hughes from the blaze. happy new year to both of you. >> happy new year to you, randi. >> one thing that hasn't changed is john boehner, still speaker of the house. he won the vote this week. it wasn't a slam dunk. maria, big mistake by republicans, leaving boehner in

charge or what? >> well, i actually think that they kind of like having somebody that they can control, randi. he clearly is a weakened speaker. we saw that during the fiscal cliff negotiations. there were several republicans who voted, basically a protest vote, who voted even for allen we west, whose not even there, and several others. at the end of the day, no one really thought that his speakership was threatened. mainly because i think two things. first, no one is lining up for that job, randi. it's probably one of the worst jobs to have in the country. and, secondly, i really do think that they like having somebody that, frankly, they can control. it's sort of a wag the dog situation, i think. and going into some of the really key negotiations that we're going to have to go into in the next couple of months, they want somebody that is probably weaker, that they think they can control. >> yeah. amy, two weeks ago i asked you if boehner was in jeopardy and you just kind of smiled and said no.

you were right. but do you agree? has he lost some power? is he weakened? >> i think john boehner and his announcement this week that he would no longer be having one on one negotiations with president obama, that that was a concession to the conservative -- more conservative wing of the republican party and tea partiers. lost in all of this fiscal cliff discussion is the fact that john boehner actually came out of it ahead. he initially offered president obama $800 billion in new tax revenue, in closing loopholes. after all the dust was settled, president obama came away with less. $670 billion, because he was so insistent on raising that top rate. so only in washington, d.c. is john boehner the loser in a negotiation where he came out ahead. >> let's talk about who won and who lost. maria, what about the fiscal cliff deal? only part of it was settled, the spending cuts, sequester, as it's being called, delayed for a couple of months. who do you think won? >> i think the american people came out ahead. and all of those american

families, 98% of americans and 97% of small businesses, whose taxes are not going to go up, thanks to that last-minute deal. let's remember that this president and democrats have never walked away from a negotiation, have never walked away from the prospect of a grand bargain. speaker boehner has now done that twice. and i can tell you, randi, i'm sure republicans are kicking themselves when a year and a half ago they could have taken a deal that would have included $3 of spending cuts for every dollar of revenue increases. and what they got in this fiscal cliff is certainly not something they're happy about. it is a very good deal for the american people. and i think president obama and the democrats and biden, and i think mitch mcconnell also deserves a lot of credit, as do senate republicans who overwhelmingly voted for this deal. >> a lot of people, though, certainly didn't like how it played out and all the bickering going on in washington. >> no question about that.

>> can we really hope that this time around, with the 113th congress, it will be any different? some people called the last congress the worst ever. will anything get done with the fresh new faces in the mix? >> i think that depends on all the parties involved. compromise with the other side. i think moving forward, you know, a lot of it depends on the president of the united states, his leadership, his agenda, democratic-controlled senate and how they'll move forward. the senate never even passed a budget. will they be able to come to the table and put their cards on the table for how they want to move forward for the american people? the president promised immigration reform his first month in office in his first term and kicked that can down the road. is he really going to try to tackle the problem? i think these are questions that the american people really want to have answered. >> if you look at the face of congress, maria, in terms of the women in congress, 98 now.

78 in the house. 20 in the senate. still not an accurate correlation, of course, with the american public but it's getting better. >> right. >> does it give you hope? >> it does give me hope, randi. as we continue to see a congress that is more representative of what america now looks like and we saw for certainty -- for certain what those changes in america and the effect they have on american politics this last election with record number of women being elected to congress, record number of latinos being elected to congress, i think the more that our leadership and our leaders as they craft the laws that affect this country, the more they actually represent what the country looks like, the better it is for this country because the more they understood what this country is going through. >> let me give amy the last 30 seconds to respond. >> i certainly encourage diversity but frankly i'm much more interested what's going on in their cranium than other parts of their anatomy or skin

color. i think that's what's important. >> we'll leave it there. amy holmes, maria cardona, i like it. i like it a lot. you came out to play today. thank you very much. >> thanks, randi. house of cards? we'll talk to a pair of house veterans to get their take on a hope for a more civil future. hugo chavez suffering health complications. will it affect his ability to take the inauguration next week? superhero home from war. we'll explain. 

welcome back, everyone. big good morning to washington, d.c. beautiful shot there of the white house. little activity. looks pretty windy, judging from those flags. and the lights are on. right to the left of the front door there. so they're doing business at the white house this morning. sources tell cnn that president obama is likely to nominate republican chuck hagel as defense secretary next week. hagel is a former republican senator from nebraska, who retired in 2009 who now sits on the president's intelligence advisory board. hagel is facing opponents who say he has been against sanctions to weaken iran and

that he is not supportive enough of israel. he has been criticize d for anti-gay comments he has made in the past and has since apologized for those. 7.5 earthquake that hit off the southern coast of alaska. tsunami warnings were sebt out shortly after the quake but now they've been canceled. there has been no damage reported. venezuelan officials have reported that hugo chavez has a severe lung infection and is, quote, fighting for his health. the controversial leader is now in cuba, where he went for his fourth cancer operation last month. his fragile helmet is casting doubt on whether the 58-year-old will be able to be inaugurated next week. senior latin american affairs d editor joins me right now. they're tight lipped. they just say he's fighting for his health. we haven't seen video of him.

if he doesn't take this oath, does he still become president? >> he can still become president. what we have seen in the last 24 hours or so, vice president opening the door for the possibility of opening the constitution in a way to reflect such that. he needs to be sworn in by january 10th. one possibility is delaying this process for as long as 90 days to give chavez time to recover. another possibility is the constitution says that he can be sworn in, in front of the supreme court of the venezuela. it doesn't say if it has to be on venezuelan soil or whether he can even do that in cuba. one thing that has caught my attention in the last, i want to say, 48 hours or so, is that venezuelan officials are now, in spite of what you said before, that they are very tight lipped

about his condition, now they're talking about specific medical terms. they're talking about respiratory insufficiency, respiratory failure, a lung infection. that, to me, says that his condition is worse than previously thought. >> they never said what type of cancer the man has and we're not sure how sick he really is. >> if he was in any good condition you can bet your bottom dollar that mr. chavez would be in venezuela right now getting ready for elections. today is a crucial day. they are trying to choose a new leader of the national assembly, which may or may not be a chavez loyalist, who currently holds that position. and that's important because if the chavez loyalists retain power of the national assembly, they can basically set the rules of the game, so to speak. they can decide if they postpone

or delay the swearing in ceremony to accommodate the timeline by president chavez. >> so what, then, will be -- if chavez is not inaugurated or if this turns out to be the worst possible case for him healthwise, what are then the effects for the u.s., for the world, for gas prices, for anything like that? >> for the average american, venezuela is an extremely important country because we get about -- venezuela is the first largest supplier of oil to the united states. canada, mexico and saudi arabia could, if needed, supply what would be lacking from venezuela. but in any case, the stability of venezuela -- we have seen that in the past -- can make oil prices fluctuate and that would hit directly the pocket of america. it's not a good scenario in any case for americans or venezuelans. >> raphael